Firm profile submitted by García Sayán Abogados
Partners: Luis Gastañeta, Alberto Varillas
Partners: 12 (3 of Counsel)
García Sayán Abogados is one of the best known Peruvian law firms, with a long standing reputation of integrity and excellence. Its founding members were highly distinguished lawyers who worked in Lima since 1888. The firm provides first class legal service in all areas of the law, primarily, on corporate matters, civil law, taxation, hydrocarbons, energy and mining law, litigation (in court, administrative and arbitration), labor, foreign trade, immigration, environmental, patents and trademarks and competition law. It is especially active in international financial transactions and, in general, in issues related to domestic and international securities and capital markets. García Sayán Abogados is the only Peruvian member of Meritas, the largest worldwide affiliation of independent law firms. It is also an active member of the International Bar Association (IBA), the Asociación Interamericana de Propiedad Industrial (ASIPI), the International Trademark Association (INTA) and the International Fiscal Association (IFA). Locally, it is a member of the American, British, Chinese and Chilean Chamber of Commerce and other representative business associations. It is listed and ranked in various international law directories such as Latin Lawyer, Chambers and Partners, IFLR 1000 and other specialised publications.
Corporate matters; corporate finance, securities and capital markets; mining, energy and hydrocarbons; foreign trade; intellectual property; corporate criminal law; labour law, taxation.
Recent transactions in which García Sayan Abogados has been involved include:
■ Agence Francaise de Développement (AFD): legal assistance to AFD in a loan agreement entered into with Agrobanco, a Peruvian Government bank for agricultural financing. The use of these proceeds was to finance the Project to achieve a better adaptation of agriculture and rural activitities to climate change challenges. Value US$ 57’465,000.
■ Deutsche Investitions-und Entwicklungsgesellschaft MBH (DEG): legal assistance to DEG as lender in a loan agreement executed with Sociedad Agricola Viru S.A. and Sociedad Agricola Caynarachi SAC as co-borrowers, as being two borrowers this loan has special provisions and the structure of the securities made the transaction more complex than it was initially foreseen.
■ Standard Chartered Bank: legal advised regarding refinancing agreements related to a loan granted to Compañia Minera Chinalco S.A. Value: US$ 120,000,000.
■ Credicorp Capital Servicios Financieros – Banco de Crédito del Perú: in a loan agreement made to Gasbis Holdfing Peru SAC, the loan was granted in a very short period of time to facilitate borrower’s merge with Solgas S.A. Value: US$ 50,000,000.
■ Compañía de Minas Buenaventura S.A.: in a loan agreement executed with a group of local and foreign banks including BCP, BBVA and Interbank from Peru and Banco latinoamericano de Comercio Exterior (Bladex), Copbanca New York Branch, Banco de Sabadell, Miami Branch and Industrial and Commercial Bank of China, Dubai Branch. Value US$ 275,000,000.
■ AFD: in relation to a loan agreement entered with the Republic of Peru to finance part of the Lima Metro Line 2 Project . Value EUR 120,483,000.
■ China Petroleum Company (CNPC): completed a due diligence on Plus- Petrol Norte S.A., a company owned by CNPC and Pluspetrol Resources Corporation, operator of two hydrocarbons-producing blocks in the northern jungle of Peru.
■ Volcan Compañía Minera S.A.A.: in the acquisition of 100% of shares of Terminales Portuarios Chancay through its company Empresa Administradora de Puertos S.A. which first stage is the developing of pre-operational and pre-financing studies of a multipurpose port project located in Chancay, north of Lima.
■ Inversiones Benavides 777 S.A.: in the purchase from La Positiva Compañía de Seguros of the 15% of the rights La Positiva held in a brand new building called Edificio Leuro. Value US$ 12,000,000.
■ Union Andina de Cementos (UNACEM): in an administrative legal process in order to revoke administrative fines imposed by INDECOPI for alleged competitive practices.
■ Industrias del Espino S.A.: the client is the main biodiesel producer in Peru. The firm filed 2 processes, one for anti-dumping and the other for countervailing duties. After two years of litigation before INDECOPI, and with an active defense of the Argentinian government and biodiesel exporters, won both cases
■ Compañía de Minas Buenaventura: advised in a judicial procedure against Buenaventura Union for payment of more than US$ 1,500,000 and obtaining the withdrawal of the legal action filed by the Union.
■ Graña y Montero Petrolera S.A.: in an administrative requirement related to considering a certain liquid hydrocarbon as a controlled chemical product. Also legal advice on two administrative judicial procedures before OSINERGMIN relative to comply with the minimum reserves of Liquid Petroleum Gas established by courrent legislation
Languages: Spanish, English, French.
Several international banks and various United States, European, Asian and South American manufacturing, mining, oil, service and commercial multinational companies are clients of García Sayán Abogados. Some representative clients are: IFC, HSBC Bank International, CENCOSUD, Intel Corp., Deutsche Bank, UBS, West LB Bank, Pacific Rubiales Energy Corp., Sapet Development Peru, Schlumberger, Conoco Phillips, Graña y Montero Petrolera SAC, Burlington Resources Inc., Compañía Española de Petróleos SA, Hess Corp., Ciena International Inc., Silver Standard Resources Inc., Compañía de Minas Buenaventura SAA, Volcán Compañía Minera SAA, DEG Deutsche Investitions Und Entwicklungsgesellschaft Mbh., Proparco